JACKSONVILLE NATL. BK. v. J-MARK DEVELOPMENT COPR.

No. 84-199.

478 So.2d 1142 (1985)

JACKSONVILLE NATIONAL BANK, As Trustee under Trust No. 0003, Lake Palm Joint Venture, As Beneficiary, Appellant/Cross Appellee, v. J-MARK DEVELOPMENT CORP., et al., Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 16, 1985.


Attorney(s) appearing for the Case

William A. Fleck of Cohen, Scherer & Cohn, P.A., Lake Worth, for appellant/cross appellee.

Norman L. Schroeder II and Kathryn C. Bass of McGee, Jordan, Shuey, Koons, Schroeder & Morris, P.A., Lake Worth, for appellees/cross appellants.


PER CURIAM.

This cause is affirmed in all respects except for the damages award which we overturn.

The trial judge rejected the shopping center owner's testimony about the monthly tap-in fees, supposedly predicated on tapins to other water mains in the neighborhood, and based this rejection on his own gut reaction that the fees testified to were unconscionable and exorbitant. In their place he chose his own version of what would be fair and reasonable tap...

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